The order to arrest Roy was issued after he failed to appear before SC in a contempt case of non-refund of Rs.24,000 crore to investors. Photo: Hindustan Times

New Delhi: Cornered and facing imminent arrest, Sahara chief Subrata Roy on Thursday tendered an “unconditional apology” to the Supreme Court for his non-appearance in a contempt case and sought recall of the non-bailable warrant (NBW) issued against him.

The order to arrest Roy was issued on Wednesday for his failure to appear before the apex court in a contempt case arising out of non refund of Rs.20,000 crore to investors by two of his companies.

Moving the apex court a day after it issued the NBW to be executed by 4 March, Roy admitted that he had “erred” by his non-appearance under a bonafide belief that the court will permit him personal exemption from appearance for one day.

“The applicant (Roy), however is presenting himself before this court as it has always been his resolve to uphold the dignity and majesty of law. The applicant has the highest regard for the judiciary and more particularly for this court and he cannot think about any violation or non-compliance of the directions passed by this court,” the application filed by Roy said.

Besides seeking recall of Wednesday’s order and the NBW, Roy’s application sought a stay of the operation of the order during the pendency of this application.

He appealed to the “humane side” of the court to consider sympathetically the wishes of his mother and permit him to be with her in her last moments. Roy also said that he believed that the court will in all its magnanimity pardon the “error of judgement” on his part and condone his non-appearance since it was “neither intentional nor deliberate”.

He submitted that the non-recall of the NBW order shall cause “grave prejudice” to him and he shall suffer “irreparable loss and injury because without your lordships’ merciful favour applicant cannot be with his mother in peace”.

Roy, 65, submitted that he was emotionally and mentally very attached to his mother who has been guiding light in his life since he lost his father 37 years ago. He said he had come to Delhi to comply with the appearance order of 20 February but returned to Lucknow after receiving information on 24 February 24 that his mother was “very serious and doctors have opined that anything could happen”.

The order to arrest Roy was issued on Wednesday for his failure to appear before the apex court in a contempt case arising out of non refund of Rs.20,000 crore to investors by two of his companies.

A bench of justices K.S. Radhakrishnan and J.S. Khehar had rejected Roy’s plea to exempt him from personal appearance on the ground of ill-health of his mother.

Senior advocate Ram Jethmalani, who had appeared for Roy, had produced a medical certificate from Sahara Hospital, Lucknow, on the condition of Roy’s mother and recommended that he be allowed on “humane as well as medical grounds” to be with his mother at this stage.

The bench, which had on 25 February declined to grant exemption, also did not find any reason to accede to the renewal of a similar request made on Wednesday. The three directors of Sahara Group, who were also summoned along with Roy, had appeared in the court on Wednesday.

The court had on 20 February come down heavily on Sahara group for not refunding Rs.20,000 crore of investors money despite its order and summoned Roy, Ravi Shankar Dubey, Ashok Roy Choudhary and Vandana Bhargava, directors of its firms Sahara India Real Estate Corp Ltd (SIREC) and Sahara India Housing Investment Corp Ltd (SHIC) to be personally present before it on Wednesday.

Sahara has filed a defamation case in a Patna court against Mint’s editor and some reporters over the newspaper’s coverage of the company’s dispute with Sebi. Mint is contesting the case.